Jones v. Teasley
Court of Appeals of Georgia
Complaint; from Hart superior court-—- Judge Cobb presiding. December 15, 1919. The executors of T. W. Teasley, deceased, sued Thomas Jones and Judy Jones, as joint principals, on a promissory note signed by them as such and made payable to T. W. Teasley & Company. Paragraph 4 of the petition alleges, that T. W. Teasley was the sole member of the firm operating under the name of T. W. Teasley & Company, and that the note belonged to him at the date of his death.
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Complaint; from Hart superior court-—- Judge Cobb presiding. December 15, 1919. The executors of T. W. Teasley, deceased, sued Thomas Jones and Judy Jones, as joint principals, on a promissory note signed by them as such and made payable to T. W. Teasley & Company. Paragraph 4 of the petition alleges, that T. W. Teasley was the sole member of the firm operating under the name of T. W. Teasley & Company, and that the note belonged to him at the date of his death. Judy Jones filed an answer, denying liability and setting up the defense of non est factum, in that she had never signed the note…
1Opinion of the CourtJenkins, P. J.
(After stating the foregoing facts.) Under the rules of the common law a party or person interested in the litigation was incompetent to testify in his own interest. In removing this disqualification the law as now embodied in section 5858 of the Civil Code (1910) still retains by way of exceptions certain limited and specified portions of the former general inhibition, one of which, as abridged, is literally quoted in the first division of the syllabus. The Supreme Court has said that these remaining exceptions to the general rule, as provided for by this section, “ are to be literally…
2Cases cited11 opinions
- Georgia Railway & Electric Co. v. HarrisCourt of Appeals of Georgia · 1907
- Patton v. StateSupreme Court of Georgia · 1903
- Hendrick v. DanielSupreme Court of Georgia · 1904
- Burch v. Americus Grocery Co.Supreme Court of Georgia · 1906
- Detwiler v. CoxSupreme Court of Georgia · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Trammell v. ShirleyCourt of Appeals of Georgia · 1928
- Lankford v. HoltonSupreme Court of Georgia · 1938
- Neill v. HillCourt of Appeals of Georgia · 1924
- Sellers v. StateCourt of Appeals of Georgia · 1963
- National Life & Accident Insurance v. HankersonCourt of Appeals of Georgia · 1934
19 more not listed; retrieve them via the Exa API.